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Opinions - June 11, 2010

June 11, 2010
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Today’s Opinions

Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals

Larz A. Elliott v. Rush Memorial Hospital, et al.
70A01-0911-CV-553
Civil. Affirms dismissal of Larz Elliott’s proposed medical malpractice complaint against Rush Memorial Hospital, Carrie Tressler, and Dr. Philip Kingma. Elliott had alleged battery and negligence with respect to the forced catheterization to retrieve a urine sample after a Rush County sheriff’s deputy transported him to Rush Memorial Hospital and represented a court order at the hospital to retrieve a blood sample and a urine sample. Finds trial court erred in concluding that the defendants enjoy complete statutory immunity from any civil liability related to his claims of battery and negligence, but also finds Elliot’s claims fall outside the parameters of the Medical Malpractice Act because he was not a “patient” of the defendants, and that his catheterization clearly was not for his own medical benefit.

Sam's East Inc. City of Greenwood Board of Zoning Appeals v. United Energy Corporation Inc. d/b/a Greenwood Sunoco
41A04-0909-CV-545
Civil. Affirms trial court’s reversal of the decision of the City of Greenwood Board of Zoning Appeals to issue a variance to Sam’s East Inc. to have a gas station near a Sam’s Club location in Greenwood. Since receiving approval for the gas station in 2005, Sam’s Club had encountered an environmental issue that delayed building plans, and the permit had expired before Sam’s constructed the gas station. After the permit expired, Sunoco built a gas station on property adjacent to Sam’s property. Shortly after, an ordinance was adopted that changed whether gas stations could be built in the area where Sam’s had previously received permission.

Cedar Mill Homeowners Association Inc. v. Patrick J. Bocian (NFP)
32A05-1001-SC-85
Civil. Affirms small claims court’s denial of Cedar Mill’s request for attorney’s fees.

Gregor W. King and Delores P. King v. Hamilton Southeastern Utilities Inc. (NFP)
29A05-0909-CV-527
Civil. Affirms amount of damages entered after a jury trial for the valuation of the Kings’ land affected by the acquisition of a temporary and permanent easement by eminent domain.

K.T. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-0912-EX-1266
Civil. Affirms decision of the Indiana Department of Workforce Development Unemployment Insurance Review Board affirming the decision of the administrative law judge to dismiss K.T.’s appeal as untimely.

J.S. v. J.M. and M.M. (NFP)
75A03-0911-CV-535
Civil. Affirms trial court’s order granting visitation with J.S. (mother)’s minor daughter C.G.M. to her paternal grandparents J.M. and M.M..

A.E. a/k/a A.S v. B.S. (NFP)
80A02-0909-CV-905
Civil. Reverses and remands trial court’s order emancipating A.E. (mother) and B.S. (father)’s 19-year-old son K.S. Also reverses and remands determination of arrearages on child support; and apportionment of partial arrearage to K.S.

Indiana Tax Court posted no opinions before IL deadline.

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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